No. 20-1668

City of Tahlequah, Oklahoma, et al. v. Austin P. Bond, as Special Administrator of the Estate of Dominic F. Rollice, Deceased

Lower Court: Tenth Circuit
Docketed: 2021-06-01
Status: Judgment Issued
Type: Paid
Amici (6)Relisted (4) Experienced Counsel
Tags: deadly-force fourth-amendment intoxicated-individual officer-safety police-conduct qualified-immunity seizure use-of-force
Key Terms:
SocialSecurity FourthAmendment CriminalProcedure Privacy JusticiabilityDoctri
Latest Conference: 2021-10-15 (distributed 4 times)
Question Presented (from Petition)

1. Whether use of force that is reasonable at the moment it is employed can nonetheless violate the Fourth Amendment if the officers recklessly or deliberately created the need to use force.

2. Whether it was clearly established for qualified immunity purposes that advancing toward an intoxicated individual wielding a deadly weapon inside a garage was a "reckless" act that would render unconstitutional any subsequent use of lethal force in response to a threat to officer safety.

Question Presented (AI Summary)

Whether use-of-force that is reasonable can nonetheless violate the Fourth-Amendment

Docket Entries

2022-01-27
Record returned to the U.S.C.A. 10th Circuit (flash drive).
2021-11-19
JUDGMENT ISSUED.
2021-10-18
Petition GRANTED. Judgment REVERSED. <a href = 'https://www.supremecourt.gov/opinions/21pdf/20-1668_new_n7io.pdf'>Opinion</a> per curiam. (Detached <a href = 'https://www.supremecourt.gov/opinions/21pdf/20-1668_new_n7io.pdf'>Opinion</a>)
2021-10-18
Motion for leave to file amicus brief filed by National Fraternal Order of Police GRANTED.
2021-10-18
Motion for leave to file amicus brief filed by National Police Association GRANTED.
2021-10-18
Motion for leave to file amicus brief filed by National Sheriffs' Association GRANTED.
2021-10-12
DISTRIBUTED for Conference of 10/15/2021.
2021-10-04
DISTRIBUTED for Conference of 10/8/2021.
2021-09-08
DISTRIBUTED for Conference of 9/27/2021.
2021-08-31
Record received from the U.S.D.C. for the Eastern District of Oklahoma. The record is available on PACER.
2021-08-25
Record received from the U.S.C.A. 10th Circuit (flash drive).
2021-08-23
Record Requested.
2021-08-04
Reply of petitioners City of Tahlequah, Oklahoma, et al. filed. (Distributed)
2021-08-04
DISTRIBUTED for Conference of 9/27/2021.
2021-07-15
Brief of respondent Austin P. Bond in opposition filed.
2021-06-30
Motion for leave to file amicus brief filed by National Fraternal Order of Police.
2021-06-30
Motion for leave to file amicus brief filed by National Police Association.
2021-06-22
Motion to extend the time to file a response is granted and the time is extended to and including July 15, 2021.
2021-06-17
Motion for leave to file amicus brief filed by National Sheriffs' Association.
2021-06-17
Motion to extend the time to file a response from July 1, 2021 to July 15, 2021, submitted to The Clerk.
2021-05-27
Petition for a writ of certiorari filed. (Response due July 1, 2021)

Attorneys

Austin P. Bond
David Michael Shapiro — Respondent
City of Tahlequah, Oklahoma, et al.
Erin E. MurphyKirkland & Ellis LLP, Petitioner
Paul D. ClementKirkland & Ellis LLP, Petitioner
National Fraternal Order of Police
Larry H. JamesCrabbe Brown & James, Amicus
National Police Association
Robert S. LafferrandrePierce Couch Hendirckson Baysinger & Green, LLP, Amicus
National Sheriffs' Association
Gregory Charles ChampagneSt. Charles Parish Sheriff's Office, Amicus